T.M. Hemadri Alias Venkatesh v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN 1.T.M.Hemadri @ Venkatesh 2.H.Reka : Petitioners versus 1.The Commissioner, Tambaram City Municipal Corporation, Zone 2, Tambaram, Chennai 600 044 2.S.NaveenKumar : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the entire records which culminated in issuing relating to demolition notice dated 24.9.2025 bearing Ref.No.1512/2025/F1, issued by the 1st respondent Commissioner, Tambaram City Municipal Corporation and quash the same as arbitrary, illegal and unsustainable in law.

For Petitioner :

Mr.Bijai Sundar for Mr.K.Raju For Respondent :

Mr.P.Srinivas, Standing counsel, for the first respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to the notice for demolition is assailed on the ground that it is violative of the provisions and also directives issued by the Hon'ble Supreme Court in the case of Directions in the matter of Demolition of Structures, in re1.

2. In the present case, as is clear from the notice itself, a petition was filed and in view of the directions issued, proceedings were drawn, notices were issued to the petitioners, inspection was carried out and certain deviations have been found, leading to issuance of notice for demolition.

3. Learned counsel appearing for the respondent Corporation on advance copy would submit that there exists a statutory remedy of filing revision against the notice.

4. All the grounds which are being raised by the petitioners in this petition are open to be raised in the revision petition that may be filed by the petitioner. Once notice has been issued to them and they (2025) 5 SCC 1

have been afforded an opportunity of hearing, and there is no allegation of personal malice or absence of jurisdiction, we are not inclined to entertain the petition without insisting on exhaustion of alternative remedy.

5. With liberty to file revision petition, this petition is dismissed. There will be no order as to costs. Consequently, WMP No.45573 of 2025 is closed. WMP No.45566 of 2025 filed by the petitioners to permit them to file a single writ petition is ordered subject to payment of separate court fees within two weeks. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 30.10.2025 Index : Yes/No : Yes/No tar To The Commissioner, Tambaram City Municipal Corporation, Zone 2, Tambaram, Chennai 600 044

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 30.10.2025